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In contract law, the 'market rule' arises in relation to which of the following?
A Offer
B Consideration
C Remoteness
D Mitigation
答案:The answer is D.
The measure of damages for breaches of contract for the sale of goods is usually made in relation to the market price of the goods and is taken into account when the injured party mitigates their loss.
Where a seller fails to sell the goods, the buyer can go into the market and purchase equivalent goods instead. The seller would have to compensate the buyer for any additional cost the buyer incurred over the contract cost. The situation is reversed when the buyer fails to purchase the goods.
The seller can sell the goods on the open market and recover any loss of income incurred by having to sell the goods at a lower price than what they contracted to.
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